This is an Agreement (the “Agreement”) between the subscriber (hereinafter referred to as“the Subscriber”) and 56 AI Technologies Private Limited (hereinafter referred to as “56Secure”), a Company incorporated under the Companies Act, 2013.
In this Agreement, the Subscriber and 56Secure shall individually be referred to as “Party” and collectively be referred to as “Parties”.
THIS AGREEMENT IS DIVIDED INTO 2 PARTS: PART-A (TECHNOLOGY SUPPORT) AND PART-B (FACILITATION OF MANPOWER SUPPLY THROUGH THIRD PARTY AGENCIES HOLDING PASARA LICENSE VIA 56SECURE'S PLATFORM). IT IS HEREBY CLARIFIED THAT THE BUSINESS OF THE COMPANY IS TO PROVIDE ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGY ENABLED SERVICES IN INDIA AND ABROAD.
Please read these terms and conditions carefully. These are the terms and conditions under which 56Secure is willing to provide the Subscriber the Services. This Agreement contains important disclaimers, limitations of liability and indemnity obligations applicable to the Services.
By clicking the “Submit” button below or using any of the Services, the Subscriber agrees that he/she/them have read this Agreement and are legally bound by this Agreement, including the disclaimers, limitations of liability and indemnity obligations below.
In this Agreement, for the purpose of Part-A,
“System” means the security camera installed on the Subscribers premises by 56Secure. The ownership of the system at all points in time shall vest with 56Secure and shall be accordingly leased to the Subscriber for the duration of the subsistence of these "Terms of Service".
“Services” mean the services the Subscriber have selected to receive from 56Secure the technology relate services, including but not limited to any Video-Related Services (as described in clause 22 below), Account Management Services (as described in clause 21 below).
“Premises” means the premises at which the System is located.
The term “Subscriber,” as used in this Agreement, means any private individual/ Resident Welfare Association (“RWA”)/apartment association who desires to enhance the security at their home/s residence by employing Services that 56Secure has to offer and who avails or uses the Services, including any person granted access to use or avail of the Services by the Subscriber.
(a) 56Secure will provide the Subscriber the Services subject to the terms of this Agreement.
(b) Only individuals age 18 and older are permitted to Subscribe for the Services and register for an account.
The term of this Agreement will continue until this Agreement is terminated pursuant to the below clauses. Services provided by 56Secure can be availed by the Subscriber on a month-to-month basis and consideration for said service will be paid at the start of every calendar month. Hence, these Terms of Service will stand renewed on a monthly basis provided that consideration for the service is paid upfront in full by the Subscriber. In case the Subscriber fails to make payment for the Services, 56Secure will cease to provide the Service in any capacity including deleting the Subscriber's account on the app and these "Terms of Service" will stand terminated from the date of non-payment. 56Secure or Subscriber may terminate this Agreement without assigning any reason following notice sent to the other as set forth below.
The Subscriber shall provide notice of termination to 56Secure by (1) either calling or sending a text message to 56Secure Customer Support at email@example.com and following the instructions provided. Such notice by Subscriber shall be effective upon 56Secure's receipt thereof. 56Secure shall provide notice of termination to Subscriber by e-mail sent to the email address on file with 56Secure for the Subscriber's current online account. 56Secure's termination shall be effective when 56Secure sends the e-mail notice.
Upon termination of the Agreement, 56Secure shall have no further obligation to the Subscriber and the Subscriber shall have no further obligation to 56Secure other than (i) the obligation respecting the payment of any money due to 56Secure for services rendered; and (ii) the obligations set forth in below mentioned clause. Notwithstanding the foregoing, 56Secure shall not refund any service charges with respect to any partial calendar month following any termination. There shall be no termination fees.
The Subscriber shall pay 56Secure the periodic subscription service charge in advance as per the plan which it chooses. The Subscriber authorize 56Secure to charge their credit/debit card for the periodic (e.g., monthly, quarterly or annually) subscription service charge as and when due. If the charges are declined, 56Secure shall resubmit the charges for approval and notify the Subscriber of the declined charges by e-mail. If the subscription service charges are not approved and the Subscriber does not make payment, 56Secure may, in its sole discretion, discontinue the Services without notice at or after the end of the ten (10) day period. If the Subscriber otherwise does not pay any charges when due, 56Secure may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.
56secure's service charges are based solely on the value of services provided and are not insurance premiums and are not related to the value of property located on or near the premises. The Subscriber acknowledges and agrees that 56secure is not an insurer and shall not provide insurance coverage against any Losses, as defined below.
To the extent the Subscriber wishes to have any insurance coverage for Losses, as defined below, it is the Subscriber's responsibility to procure and maintain separate insurance policies from an insurance company or companies, solely at its cost and expense, covering all loss, damage or expense (collectively, “Losses”), including all property damage, personal injury (including death), economic Losses or any other form of loss, damage or expense, arising out of or in connection with, due to, or caused in whole or in part by (i) this Agreement, including any breach of any representation, warranty, covenant or obligation arising hereunder (ii) the System, (iii) the Services (including third-party products and services), (iv) product or strict liability (v) the loss or damage to or malfunction of facilities necessary to operate the system, transmit any signal to or receive signals , (vi) a claim for subrogation, indemnification or contribution, (vii) a violation of any applicable Consumer Protection Law or any other theory of liability or alleged fault on the part of any 56secure party, (viii) a violation of any law prohibiting the interception of oral communications by electronic means, (ix) the actions of any third party in responding to a signal from the system, or (x) any unauthorized access, use or disclosure of the Subscriber ‘s personal information (collectively, the “Covered Claims”). Recovery for any Losses, as defined in this clause 4, shall be limited to the insurance the Subscriber purchase separately from an insurance company, if any.
(i) By agreeing to these terms, the Subscriber is releasing 56Secure, its affiliates, directors, officers, shareholders, employees, subcontractors, agents and representatives (collectively, the“56Secure Parties”), from all liability arising out of or in connection with, due to, or caused in whole or in part by any Covered Claim. Further, under no circumstances will 56Secure Parties be responsible or liable to the Subscriber for consequential or incidental damages including without limitation, damages for personal injury, death or damages to property.
(ii) Notwithstanding anything contained in this Agreement, the total aggregate liability of the 56Secure under this Agreement whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty, obligation/s), misrepresentation, restitution or otherwise for any consequential, incidental, indirect, special, punitive or other such loss or damage arising out of technology related Services, including but not limited to those such as and/or resulting from loss of profits, loss of business, business interruption, loss of business information, depletion of goodwill, loss, pure economic loss and/or similar losses, however arising in connection with the technology related Services, or in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Charges actually paid for a period of 1 (one) year subject to a maximum sum of INR 1,00,000/0 (Indian Rupees One Lakhs only).. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. 56secure disclaims all liability of any kind of 56secure's licensors and suppliers. 56secure and the Subscriber acknowledge and agree it is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by 56secure to perform any of its obligations.
(iii) Nothing in this Agreement shall release Subscriber from being primarily responsible for establishing and maintaining an adequate system and framework of safety control including safeguarding of assets/property against unauthorized acquisition, use, or disposition, etc including loss of life or damages to environment or others, including obtaining adequate insurance coverage for loss of life, property, damages, etc. Subscriber acknowledges and agrees that 56Secure and the PSA only assists the Subscriber in managing and mitigating the said risk of the Subscriber as per the terms of the agreement.
(iv) Notwithstanding anything contained in this Agreement, 56Secure shall not be liable for unavailability of tech-related Service due to unforeseen outage (e.g., power surge, technical glitches, or other hardware related issues, etc.) In the event of an unforeseen outage, and on being notified of the same by the Subscriber, 56Secure will use commercially reasonable efforts to resolve the issue and rectify the bugs, errors, or defects of whatsoever nature.
(v) IN NO EVENT WILL 56SECURE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY ACCESSED THROUGH THE WEBSITE/APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
56Secure will facilitate and support the Subscriber in resolving their grievances, complaints or any other issues in the following manner:
Notwithstanding anything contained in this Agreement, 56Secure shall not be held liable for any acts done by PSA or the Security guard deployed by PSA. However, 56Secure shall ensure full co-operation in any investigation against the PSA or the Security Guard.
The Services are provided for the Subscriber's convenience, “as is” and “as available”, and 56secure and its licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement.
The Subscriber releases 56Secure for all Losses covered by the Subscriber's insurance policies and for all insurance deductibles. The Subscriber also waives and release any subrogation and other rights the Subscriber or the Subscriber's insurance company may have against 56Secure for money paid by or on behalf of the Subscriber.
If anyone other than the Subscriber (including their insurance company) asks 56secure to pay for any Losses, as defined in Clause 4, including advocate's fees, arising out of or in connection with, due to, or caused in whole or in part by any covered claim, as defined in Clause 4, including negligence by the Subscriber , the Subscriber shall indemnify, defend and hold such 56secure and/or its trusted and associated third parties harmless for all Losses, as defined in Clause 4, including advocate's fees, asserted against or incurred by 56secure.
The System is designed to transmit signals to a server through certain communications equipment and services, including broadband, cellular, wireless and/or landline telephone equipment and services (collectively, the “Communications Equipment and Services”). Regardless of the form of Communications Equipment and Services used, the Subscriber understands that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a trusted and associated third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the server and the server will not receive a signal from the System. The Subscriber must test the System's data transmission with the server at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the server). The Subscriber's access to, and availability of the Application is dependent on (i) the Subscriber's Wi-Fi network, Bluetooth connection, and Internet service provider.
The Subscriber expressly understands and agrees that they have no contractual relationship whatsoever with the underlying wireless service provider (the “Underlying Carrier”) or its affiliates or contractors and that the Subscriber are not a third-party beneficiary of any Agreement between 56secure and the Underlying Carrier. In addition, the Subscriber acknowledges and agrees that the Underlying Carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to the Subscriber and the Subscriber hereby waive any and all claims or demands therefor.
The Subscriber have selected the System based on their personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment, at additional cost, may provide increased security surveillance. The Subscriber agrees that any additional equipment provided by 56Secure shall be subject to this Agreement. For example, the Subscriber may request that, upon the receipt of signals from the System, the 56 Secure UI/ server will notify the Subscriber of such activity (via text message or other form of electronic communication) in addition to or in lieu of providing facilitation of Quick Response Services by third party independent agencies as described in Part-B hereof. For avoidance of doubt, the Quick Response Services are not being provided by 56secure.
56Secure will honor any such request provided that they have previously agreed in writing to do so. The Subscriber also agree to pay 56Secure for such additional equipment. The Subscriber understands that 56Secure does provide any installation or repair services for the System. The Subscriber shall provide and maintain adequate power for all equipment relating to the System.
The Subscriber agrees to prevent false alarms and be solely liable for false alarms. The Subscriber shall pay (or reimburse 56Secure) any fines, fees, costs, expenses and penalties relating to the System or Services assessed against the Subscriber, 56Secure by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) the Subscriber defaults under this Agreement and (ii) this Agreement or the Services are terminated by either party for any reason, 56Secure may suspend the Services and the Subscriber authorizes 56Secure to disconnect the Subscriber account from the System. The exercise of any such rights shall not be deemed a waiver of Company's right to damages.
56Secure may increase periodic recurring charges at any time under this Agreement by sending advance notice of 1 month to the Subscriber by email to the email address on file with 56Secure for the Subscriber's current online account.
If the Subscriber defaults under this Agreement, the services to the Subscriber will be terminated and the Subscriber shall pay 56Secure for all reasonable Losses in enforcing its rights under this Agreement.
This Agreement shall become binding the Parties only after the commencement of any Services. This Agreement is binding on the Party's heirs, executors, administrators, successors in interest and permitted assigns.
This Agreement shall be governed by and construed according to the laws of India with the relevant laws as applicable to the State of Karnataka without reference to its conflicts of law rules.
The Subscriber shall not assign this Agreement. 56Secure may assign all or any portion of this Agreement to any of its assignees, executors or successors in interest.
Payment for the subscription services charges is payable on 10th of every month for which the services are availed by the Subscriber with the first subscription service charge payable at the time of installation of the services. The Subscriber agrees to pay an interest charge of 1 percent per month (twelve percent (12%) per year) for all charges not paid within fifteen (15) days from the day on when the subscription services charges falls due.
Waiver of the breach of this Agreement by the Subscriber shall not be a waiver of any subsequent breach. 56Secure's rights under this Agreement shall be cumulative, may be exercised concurrently or consecutively and shall include all remedies available even if not referred to in this Agreement.
“Account Management Services” means services relating to the remote management of the system through the website and mobile Application of 56Secure.
“Video-Related Services” shall mean to consist of the following: (i) real-time access to video from the System through the website or Mobile Application of 56Secure (“Real-Time Services”) and (ii) storage and retrieval through the Application of recorded video stored on 56Secure secured servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan the Subscriber has chosen or (b) if the Subscriber did not select a plan that provides for terms regarding storage, at our discretion (“Recorded Services”).
The Verification Services are provided and shall be used by the Subscriber solely for the verification of alarm events at the Premises and no other purpose.
The Subscriber's account provides the Subscriber with access to certain data stored by 56Secure. The Subscriber agrees that 56Secure may delete any data delivered to us when (i) any storage period that applies to the Subscriber's account expires, (ii) this Agreement is terminated or expires or (iii) the Subscriber delivers a written request pursuant to Clause 38 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, 56Secure is not responsible for any change to or loss of any data.
The Subscriber acknowledges and agrees that the availability of the mobile application is dependent on the third-party websites from which the Subscriber download the application, e.g., the App Store from Apple or the Android app market from Google (hereinafter referred to as “Application Store”). The Subscriber acknowledges that this Agreement is between the Subscriber and 56Secure and not with an Application Store. Each Application Store may have its own terms and conditions to which the Subscriber must agree before downloading mobile applications from it. The Subscriber agrees to comply with, and the Subscriber's license to use the application is conditioned upon the Subscriber's compliance with, such Application Store terms and conditions.
To the extent such other terms and conditions from such Application Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. 56Secure shall not charge the Subscriber any additional fees for the Subscriber to receive and download the Mobile Application; however, the wireless service provider may charge a fee for air-time or data usage associated therewith. The Subscriber shall check with their wireless carrier if they have questions about their wireless plan.
From time to time, 56Secure may provide the opportunity for the Subscriber to interface the 56Secure system, Services, mobile application, account, Website, Security Guards (provided by third party private security agencies holding valid PASARA license) or other 56Secure product, service, functionality or service element (collectively, the “56Secure Platform”) to one or more third-party products, services or applications (including their respective mobile applications (if any), collectively, “Third-Party Products and Services”), through and using the 56Secure Platform, for example the 56Secure Amazon Alexa Skill, August Smart Lock, Apple Watch or Google Assistant (as and when each is introduced).The Subscriber shall decide whether and with which Third-Party Products and Services the Subscriber wants to interface.
The Subscriber's explicit consent and authorization is required for this interface, which may be revoked or disabled by the Subscriber at any time. Notwithstanding the foregoing, and to the maximum extent permitted under applicable law, by (i) downloading and installing the 56Secure mobile application on these Third-Party Products and Services and/or any related or connected third-party mobile devices or product peripherals, and/or (ii) enabling or authorizing 56Secure notifications or other information to be transmitted to them, the Subscriber's consent and authorization to the corresponding/underlying Third-Party Products and Services, related interfaces and data exchange may be deemed to have been provided.
Once the Subscriber's consent is given for a particular Third-Party Product and Service, the Subscriber agrees that 56Secure may exchange information and control data regarding the Subscriber and their products, including the Subscriber's personal information, in order to enable the interface to the Third-Party Products and Services the Subscriber have authorized.
Accordingly, 56Secure is not responsible for the Subscriber's use of any Third-Party Product or Service or any personal injury, death, property damage (including, without limitation, to the Subscriber's home), or other harm or Losses arising from or relating to the Subscriber's use of any Third-Party Products or Services. The Subscriber should contact the third party with any questions about their Third-Party Products and Services.
Subject to the terms and conditions of this Agreement, 56Secure grants the Subscriber a non-exclusive, non-transferable license to access and use the Services by (i) use the application in connection with, and solely for the purpose of, controlling and monitoring the Services the Subscriber are authorized to receive and/or control or monitor, and (ii) install and use the application solely on the Subscriber's own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the application and data thereon and the Subscriber agrees to assume such risk. The Subscriber's consent to our posting alarm event and other status reports in connection with the Service on the application. The Subscriber will keep confidential all information available on the mobile application and all passwords relating to the mobile application or access thereto.
This License will continue and be co-extensive with the term of this Agreement except for the Subscriber's (i) failure to keep confidential all information available on the mobile application and all passwords or access codes relating to the mobile application or access thereto, (ii) use of the license or the information in any manner that negatively affects 56Secure, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. The Subscriber will be solely responsible for information the Subscriber delivers, deletes or modifies. Upon termination of this Agreement or termination or suspension of the license by 56Secure, 56secure may immediately, and without notice, disable the Subscriber's access to the application and cancel all passwords or other access codes.
The Subscriber will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the application without 56Secure's prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the application.
56Secure may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Services or the mobile application. These may be automatically installed without providing any additional notice or receiving any additional consent. The Subscriber's consent to this will be automatic updated. If the Subscriber does not want such Updates, the remedy is to terminate the Subscriber's Account and stop using the Services or the mobile application. The Subscriber acknowledges that they may be required to install Updates to use the Services and the Subscriber agrees to promptly install any Updates that 56Secure provides. If the Subscriber fails to install any updates provided by 56secure, the Subscriber's access to the application and the services may be terminated.
Notwithstanding the foregoing, software embedded within any 56Secure System may contain or be provided together with open-source software. Each item of open-source software is subject to its own applicable license terms, which can be found at https://56Secure.com/open-source-disclosures and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open-source software are held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to the Subscriber hereunder are fully reserved by 56Secure and/or its licensors.
56Secure System (at Subscriber discretion) or and its third-party PSA partners may communicate with Police, Ambulance or Fire Services at the telephone number as prevailing in case of any security breaches, untoward incidents reported/detected by the use of the System. The System will detect the security breach, untoward incident and the Subscriber thereafter will through the System (i) inform the Police, Ambulance or Fire Services that the System will communicate with them at such numbers; and (ii) obtain permission from the Police, Ambulance or Fire Services that the System (at Subscriber discretion) may communicate with them at these telephone numbers.
The Subscriber will indemnify, defend and hold us harmless (without any condition that we first pay) for any Losses (as defined in Clause 4 of this Agreement), including our reasonable advocate's fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Police, Ambulance or Fire Services, including any claim under any consumer protection or any other law.
The Subscriber acknowledges and understands that 56Secure maintains a WhatsApp business account through which all official communications, including but not limited to queries/information sought by the Subscriber, marketing or promotional offers, discounts etc. among other things, may be sent to the Subscriber; provided, however, that an explicit consent to that effect is provided by the Subscriber. The Subscriber may opt-in to receive all such WhatsApp communications and/or notifications and such communications and/or notifications shall only be sent to the WhatsApp account associated with the Subscriber's registered number as available in the records of 56Secure. The Subscriber may opt out of receiving any, or all, of these communications from 56Secure by following the unsubscribe link or instructions provided in any WhatsApp communications or email sent to the Subscriber or by contacting 56Secure
Neither party shall be deemed to be in material breach of the Agreement, or otherwise be liable to the other, by reason of any delay in performance or non-performance of any of its obligations or loss of Products, other than the payment of money, under this Agreement, caused by an event or occurrence beyond its control or remedy (a “Force Majeure Event”), including, without limitation, Acts of God, natural disasters, acts of civil or military authority, government priorities, fire, floods, epidemics, pandemics, quarantine, energy crises, strikes, wars, riots, terrorist acts or accidents, provided storage charges shall continue to accrue during the continuation of the Force Majeure Event. Immediately upon discovery of a Force Majeure Event, the affected Party shall immediately notify the other Party. The date for performance of any obligation under the Agreement which is delayed by a Force Majeure Event shall be suspended for a period equal to the delay caused by such event, but in no event shall such suspension extend the Term (as hereinafter defined). If such Force Majeure Event results in a delay that continues for a period exceeding ten (10) days or more, the Parties shall meet in order to agree upon the best solution under the circumstances. In the event no reasonable solution can be agreed upon, either Party may give the other written notice of termination of the Agreement, which termination shall be effective thirty (30) days after such notice, unless the Force Majeure Event has been removed or obviated within such thirty (30) days period; provided that any termination of the Agreement shall not relieve the Merchant of its obligation to pay any money due to the Service Provider as of the date of such termination.
56Secure's obligations under this Agreement are waived automatically without notice and the Subscriber release 56Secure for all Losses following any default or breach of this Agreement by the Subscriber or if the communications equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and the Subscriber shall be entitled to a credit of the unearned subscription service charges paid for the period of interruption on the Subscription's request, which credit shall not exceed more than one month's subscription service charge and shall be the limit of 56Secure's liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, the Subscriber shall immediately disconnect the System from all communications equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason 56Secure may, in their sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the third-party agencies.
All claims, actions or proceedings against 56Secure must be commenced in court as per the relevant provision of the Limitation Act, 1963. The time period as per the relevant provisions of the Limitation Act,1963 must be strictly complied.
Should any provision of this Agreement (or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
Additions, amendments, modifications or deletions to these terms shall not become part of the Agreement unless agreed to in writing by the Parties; provided that 56Secure may add, amend, modify or delete the terms of this Agreement by providing prior written notice of such addition, amendment, modification or deletion on its website at www.56Secure.com/terms-of-service and/or via a notice delivered pursuant to Clause 38 (ii), which amended terms shall be binding upon the Parties.
Monitoring of the system is provided by a third-party independent contractor. Likewise, any third-party responder is also an independent contractor. 56Secure may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to the Subscriber, including any security monitoring facility. operated by third party security agencies and any third-party responder; and (ii) each of the 56Secure Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind the Subscriber to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind the Subscriber to 56Secure.
Any subcontractor 56Secutre engage is an independent contractor and not our partner or joint venture. The Subscriber authorize 56Secure to act as the Subscriber's agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. The Subscriber authorize 56secure to share the Subscriber's personal information with our trusted and bona fide subcontractors or third parties for the purpose of providing Services under this Agreement.
The Clause titles used herein are for convenience of the Parties only and shall not be considered in construing the provisions of this Agreement. When used in this Agreement, (i) the word “including” shall mean “including, but not limited to;” and (ii) the term “sole discretion” shall mean “sole and absolute discretion without any liability.”
If 56Secure breaches this Agreement, the Subscriber shall provide 56Secure shall send a notice either through email or through 56Secure's mobile application specifically identifying the nature of the breach and the provisions of this Agreement affected as a result of such breach. 56Secure may cure the breach within five (5) business days following 56Secure's receipt of the said notice or, if the breach cannot be reasonably cured within such period, 56Secure may promptly commence to cure and diligently proceed until cured. If 56Secure does not cures any such breach, 56Secure shall be liable to the Subscriber for any reasonable Losses arising out of or in connection with, due to or caused in whole or in part by any such breach.
Unless otherwise expressly provided herein, (i) all notices required to be given to 56Secure shall be deemed to have been duly given either through email or through 56Secure's mobile application and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if sent to the e-mail address on file with 56Secure for the Subscriber's account.
If any provision of this Agreement is found to be invalid, the remaining provisions shall continue to be in force.
All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity or termination, which cannot be amicably resolved by the Parties within fifteen (15) days of being brought to their attention (such fifteen (15) days period is referred to as the “Consultation Period”), and if such dispute is still not resolved, the dispute shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. If the Parties are not able to agree on a sole arbitrator, a panel of three arbitrators shall be appointed wherein each Party shall appoint one arbitrator within fifteen (15) days of the expiry of the matter being referred to arbitration, and the two arbitrators together shall appoint the presiding arbitrator within fifteen (15) days of the appointment of the last of the two arbitrators. The venue/seat of Arbitration shall be Bangalore and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
This Agreement, the construction and enforcement of its terms and the interpretation of the rights and duties of the Parties hereto shall be governed by the laws of India and shall be subject to the jurisdiction of courts in Bangalore. This Agreement is executed in English language which shall prevail over any translation thereof.
In this Agreement, for the purpose of Part-B,
Security Guard services (as described in Clause 43 below) and Quick Response Services (as described in Clause 44 below) means the Subscriber have selected to receive these services from third party service providers i.e., Private Security Agencies (“PSA”) having license as mandated by Private Security Agencies (Regulation) Act, 2005 and as facilitated by 56 Secure reads with relevant rules thereto (“PSARA”).
PSA ARE THIRD PARTY AGENCIES LISTED ON THE 56SECURE PLATFORMON A VOLUNTARY, NON-EXCLUSIVE AND PRINCIPAL TO PRINCIPAL BASIS TO PROVIDE AFOREMENTIONED SERVICES. 56 SECURE DOES NOT EXERCISE ANY OR CONTROL ON THE PSA NOTHING UNDER THIS AGREEMENT SHALL CREATE A PARTNERSHIP OR RELATIONSHIP OF PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEES BETWEEN THE COMPANY AND THE PSA OF ANY SECURITY GUARDS PROVIDED BY THE PSA AT . THE COMPANY IS ONLY A FACILITATOR OF THE SERVICES BEING PROVIDED BY A PSA TO THE SUBSCRIBER ON A NON-EXCLUSIVE BASIS AND THE PSA SHALL PROVIDE SUCH SERVICES TO THE SUSBCRIBER ON A PRINCIPAL TO PRINCIPAL. BY AGREEING TO AVAIL THE SERVICES OF THE PSA THROUGH THE PLATFORM, THE SUSBCRIBER HEREBY AGREES AND ACKNOWLEDGES THAT 56SECURE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY SERVICES PROVIDED BY THE PSA TO THE SUSBCRIBER
56 Secure facilitates the Subscriber to avail Security Guard services only through PASARA (Private Security Agencies Regulation Act, 2005) compliant third-party independent agencies and as a part of their policy. The security guards (“Security Guards”) are well trained in the manner as prescribed under the PASARA Act or any other applicable laws, to handle all security related duties, respond to any known civilian security threats.
PSAs shall ensure that any misbehaviour including use of vulgar language by the Security Guard once detected or reported by the Subscriber or any assault / harassment or issue caused to any Subscriber and reported, will necessitate strict action been taken against the Security Guard by the PSAs as per applicable law. As 56 Secure is only a facilitator, any complaint received by 56 Secure with respect to the Security Guards may be raised at the forum/Platform dedicated to complaints to be received in relation to services provided by the PSA as contemplated in this Part B, which complaints shall be directed to the respective PSA on immediate basis for necessary action by PSA.
If the Security Guard commits any crime, which is reported to the 56Secure or System by the Subscriber, 56Secure or System shall duly report the matter to the PSA and cooperate in investigation by any and every law enforcement agency as per the due process of law.
“Quick Response Services” shall be provided in accordance with this Agreement and consist solely of Security Guard attending to the event which has occurred at the Subscriber's premises upon the receipt of signals from the System reporting specific conditions from the Subscriber's premises to the Security Guards as provided by private security agencies holding PASARA license who may automate a message trigger to the Police, Ambulance or Fire Services depending upon the event occurring at the Subscriber's premise which is not a replacement to Police, Ambulance or Fire Services as per the plan chosen by the Subscriber.
Security Guard will not have access to the real-time Services or recorded Services unless (1) the Subscriber has granted Security Guard such access through the website or mobile application of 56Secure and (2) such video is received at the security monitoring facility in connection with the Quick Response Services.
The PSA hereby agree to indemnify, defend and hold the Subscriber ("Indemnified Party") harmless from and against claims, demands, actions, liabilities, costs, interest, damages and expenses of any nature whatsoever (including all legal and other costs, charges and expenses) incurred or suffered by the Subscriber, arising out of any (a) any wrongful or negligent act or omission of the Security Guards; (b) any breach of the PSA's obligations under this Agreement; and, (c) any Subscriber/ third party action or claim made against 56Secure , by reason of any actions undertaken by the PSA arising out of its obligations under this Agreement. The rights, powers, privilege and remedies provided in this Indemnity are cumulative and not exclusive of any rights, powers, privileges or remedies provided by law.
This Clause shall have the same meaning as ascribed to it under Clause 41 and 42 of Part-A.